Symbols & Numeric |
1 - Disclaimer |
1 - Purpose and scope of the Personal Safety Intervention Orders Act 2010 |
1.1 - Purpose |
1.1.1 - Purposes – s 1 |
1.2 - Definition of prohibited behaviour and stalking |
1.2.1 - Prohibited behaviour – s 5 |
1.2.1.1 - Meaning of ‘assault’ and ‘sexual assault’ – s 6 |
1.2.1.2 - Harassment – s 7 |
1.2.1.2 - Harassment – s 7 |
1.2.2 - Stalking – s 10 |
1.2.1.3 - Property damage or interference – s 8 |
1.2.1.4 - Serious threat – s 9 |
1.2.2 - Stalking – s 10 |
1.2.2 - Stalking – s 10 |
4.2.1.1 - Contested final orders |
1.2.2.1 - Definition of stalking includes bullying behaviour |
1.2.2.2 - Requisite intention |
1.3 - People covered by the Act |
1.3.1 - Affected person – s 4 |
1.3.2 - Respondent – s 4 |
1.3.3 - Separate regime for family members |
10 - Interstate and New Zealand orders |
10.1 - Relevant definitions |
10.2 - Effect of registration – ss 149 and 156 |
10.2.1 - Changes by interstate court – ss 152 and 159 |
10.2.2 - Changes by New Zealand court – s 159 |
10.2.3 - Change by Victorian court – s 153 |
10.2.4 - Notice of registration – ss 150 and 157 |
2 - Acknowledgments |
2 - Applications for personal safety intervention orders |
2.1 - What is a personal safety intervention order? |
2.2 - Jurisdiction – ss 103 and 104 |
2.3 - Who may apply for a personal safety intervention order – s 15 |
2.3.1 - Written consent |
2.3.2 - Applications requiring leave |
2.4 - Where application may be made |
2.4.1 - Proper venue |
2.4.1 - Proper venue |
3 - Update history |
2.4.2 - Transfer of proceedings – s 105 |
2.5 - Initiating applications |
2.5 - Initiating applications |
3 - Update history |
2.5.1 - Applications by electronic communication – s 13(2) |
2.5.2 - Police referrals direct to mediation |
2.6 - Applications involving children – ss 15 and 17 |
2.3 - Who may apply for a personal safety intervention order – s 15 |
2.3.2 - Applications requiring leave |
2.6 - Applications involving children – ss 15 and 17 |
2.7 - Service of application |
2.6.1 - Applications against children aged under 10 years – s 18 |
2.7 - Service of application |
2.8 - Power to issue summons / warrant |
2.8.1 - Summons – s 20 |
2.8.2 - Warrant – ss 21 and 22 |
2.8.3 - Bail – s 23 |
3 - Mediation |
2.5.2 - Police referrals direct to mediation |
3 - Mediation |
3 - Update history |
3.1 - Court may give mediation directions – s 26 |
3.1.1 - Court may vary a personal safety intervention order if it would otherwise prevent mediation occurring – s 27 |
3.1.2 - Court may take certificates and lack of attendance into account when making orders – s 33 |
3.2 - Conduct of mediation |
3.2.1 - Police may refer parties direct to mediation |
3.2.2 - Mediation assessment certificate – s 28 |
3.2.3 - Conduct of mediation assessment – s 29 |
3.2.4 - Mediation certificate – s 30 |
3.2.5 - Conduct of mediation – s 31 |
3.2.6 - No contempt or offence for lack of attendance at assessment or mediation – s 32 |
4 - Making personal safety intervention orders |
4.1 - Interim orders |
4.1.1 - Court may make interim orders – s 35 |
3 - Update history |
4.1.1 - Court may make interim orders – s 35 |
4.4.2.1 - Interim variations – s 81 |
4.1.1.1 - Test for making interim order |
4.1.1.2 - Consented or unopposed interim orders |
4.1.1.3 - Conduct outside Victoria |
4.1.2 - Interim order may apply to more than one affected person – s 39 |
4.1.3 - Conditions of interim orders |
4.1.4 - Interim order where existing family violence intervention order – s 36 |
4.1.5 - Explanation of interim order – ss 40 and 41 |
3 - Update history |
4.1.5 - Explanation of interim order – ss 40 and 41 |
4.1.6 - Service of interim order |
4.1.7 - Duration of interim orders – s 43 |
4.1.7 - Duration of interim orders – s 43 |
4.4.2.3 - Final variation, revocation or extension - s80, s82, s83 |
4.2 - Making final orders |
4.2.1 - Power to make final orders – s 61 |
4.2.1.1 - Contested final orders |
4.2.1.2 - Consented or unopposed final orders – s 64 |
4.2.1.3 - Conduct outside Victoria |
4.2.1.4 - Exception for conduct engaged in for official purposes |
4.2.2 - Final order may apply to more than one affected person |
4.2.3 - No final order if existing family violence intervention order – s 62 |
4.2.4 - Conditions of final orders |
4.2.5 - Explanation of final order – s 76 |
4.2.6 - Service of final order |
4.2.7 - Duration of final order – s 77 |
4.2.7.1 - Expiry of interim orders |
4.2.7.2 - Child respondents |
4.3 - Conditions on personal safety intervention order |
4.1.3 - Conditions of interim orders |
4.2.4 - Conditions of final orders |
4.3 - Conditions on personal safety intervention order |
4.3.1 - Not to prevent mediation from occurring – s 66 |
4.3.2 - Conditions to be included in a personal safety intervention order – s 67 |
4.3.3 - Conditions of final orders limited - police applicants – s 63 |
2.3 - Who may apply for a personal safety intervention order – s 15 |
4.3.3 - Conditions of final orders limited - police applicants – s 63 |
4.4.2.4 - Applications by police officer without consent of protected person - s87 |
4.3.4 - Excluding respondent from protected person’s residence - including child respondent – s 71 |
4.3.5 - Conditions preventing a respondent attending school – ss 74 and 75 |
4.3.6 - Court to enquire about firearms and weapons – ss 68 and 69 |
4.4 - Variation, revocation and extension of personal safety intervention orders |
2.3.1 - Written consent |
4.4 - Variation, revocation and extension of personal safety intervention orders |
4.4.1 - Applications to vary, extend or revoke orders – s 85 |
4.4.1.1 - Consent required if applicant is not protected person, guardian, respondent or police officer – s 88 |
4.4.1.2 - Respondent must obtain leave – s 86 |
3 - Update history |
4.4.1.2 - Respondent must obtain leave – s 86 |
4.4.1.3 - Form of application |
4.4.1.4 - Process of making the application |
4.4.1.5 - Service of applications |
4.4.2 - Variation, revocation and extension |
4.4.2.1 - Interim variations – s 81 |
4.4.2.2 - Ex-parte interim extension – s 84 |
4.4.2.3 - Final variation, revocation or extension - s80, s82, s83 |
4.4.2.4 - Applications by police officer without consent of protected person - s87 |
4.4.2.5 - Protected person’s views to be heard separately – s 89 |
5 - Proceedings for personal safety intervention orders |
5.1 - Mention date – ss 41 and 61 |
5.2 - Directions hearing |
5.3 - Hearings |
4.4.2 - Variation, revocation and extension |
5.3 - Hearings |
5.3.1 - Evidence – s 47 |
5.3.2 - Written evidence – s 48 |
5.3.3 - Hearing may relate to more than one application – s 45 |
5.3.4 - Circumstances where affected person to be heard separately – s 46 |
5.3.6 - Securing attendance of witnesses – s 50 |
5.3.7 - Open and closed court – s 51 |
5.4 - Alternative arrangements – s 52 |
5.5 - Assessment reports in Children’s Court proceedings – s 53 |
5.6 - Prohibition on reporting – s 123 |
5.6.1 - Identifying particulars – s 125 |
5.6.2 - Penalty |
5.6.3 - Exception to restriction on publication – s 124 |
5.7 - Service |
5.7.1 - Service of applications – ss 19 and 90 |
4.4.1.5 - Service of applications |
5.7.1 - Service of applications – ss 19 and 90 |
5.7.2 - Service of orders – s 174 |
4.1.6 - Service of interim order |
4.2.6 - Service of final order |
5.7.2 - Service of orders – s 174 |
5.7.3 - Manner of service – s 176 |
5.7.4 - Manner of giving |
5.7.5 - Service outside Victoria |
5.7.6 - Disclosure of information by organisations - s181 |
5.8 - Costs - s111 |
6 - Appeals and rehearings |
6.1 - Rehearings – s 99 |
6.2 - Appeals |
6.2.1 - Who may appeal – s 91 |
3 - Update history |
6.2.1 - Who may appeal – s 91 |
6.2.2 - Application for leave to appeal by vexatious litigant – s 168 |
6.2.3 - Commencement of appeals – s 93 |
6.2.4 - Where are appeals heard – s 92 |
6.2.5 - Appeals and stays – s 94 |
6.2.6 - Conduct of appeal – s 96 |
3 - Update history |
6.2.6 - Conduct of appeal – s 96 |
7 - Contravention of personal safety intervention order – s 100 |
4.2.5 - Explanation of final order – s 76 |
7 - Contravention of personal safety intervention order – s 100 |
8 - Enforcement powers |
3 - Update history |
8 - Enforcement powers |
8.1 - Search without warrant |
8.1 - Search without warrant |
8.2 - Warrant to search premises and vehicles |
8.2 - Warrant to search premises and vehicles |
8.3 - Surrender of firearms and weapons |
8.3.1 - Effect of surrender of firearm etc if final order made |
8.3.2 - Effect of surrender of firearm etc if no final order made |
8.4 - Seizure of firearms etc |
8.4.1 - Effect of seizure of firearm etc if final order made |
8.4.2 - Effect of seizure of firearm etc if no final order made |
9 - Relationship with other Acts |
9.1 - Relationship with FVP Act – ss 132 and 148 |
1.3.3 - Separate regime for family members |
4.1.4 - Interim order where existing family violence intervention order – s 36 |
9.1 - Relationship with FVP Act – ss 132 and 148 |
9.1.1 - Concurrent applications may be heard together – s 133 |
9.1.2 - Family violence intervention order to prevail – s 134 |
9.1.2.1 - Court may determine parties to application for a family violence intervention order are not family members – s 136 |
9.1.2.2 - Effect of determination under ss 136(2)(b) and 138 |
9.1.2.3 - Determination where proceeding in Specialist Family Violence Court Division – s 141A |
3 - Update history |
9.1.2.3 - Determination where proceeding in Specialist Family Violence Court Division – s 141A |
9.1.2.4 - Existing interim family violence intervention order must be revoked – ss 142 - 145 |
9.1.2.5 - Determination where applications for associated final orders – s 147 |
9.1.2.6 - Explanation of determination – s 148 |
9.2 - Relationship with child protection orders – s 129 |
9.3 - Relationship with community correction orders – s 130A |
9.4 - Relationship with Residential Tenancies Act 1997 – s 67(2)(c) |
4.3.4 - Excluding respondent from protected person’s residence - including child respondent – s 71 |
9.4 - Relationship with Residential Tenancies Act 1997 – s 67(2)(c) |
P |
Personal Safety Intervention Orders Bench Book |